Christopher Jones v. Quality Asset Recovery, LLC

Summary

This Report and Recommendation addresses a pro se plaintiff’s Fair Debt Collection Practices Act claims against Quality Asset Recovery, LLC concerning the attempted collection of a medical debt. The magistrate judge recommends dismissal with prejudice under 28 U.S.C. § 1915(e)(2)(B) and Federal Rule of Civil Procedure 41(b) because the amended complaint was conclusory and the plaintiff failed to file a second amended complaint as ordered.

Holdings

1. The amended complaint failed to state a plausible FDCPA claim because it offered only vague and conclusory assertions and identified no prohibited act other than the attempted collection of a medical debt.
2. Dismissal with prejudice was recommended under Federal Rule of Civil Procedure 41(b) because the plaintiff failed to file a second amended complaint within the time ordered after being warned that failure to do so could result in dismissal.

Questions Presented

1. Whether the amended complaint plausibly stated a claim under the Fair Debt Collection Practices Act.
2. Whether dismissal was warranted under 28 U.S.C. § 1915(e)(2)(B) because the amended complaint failed to state a claim.
3. Whether dismissal was warranted under Federal Rule of Civil Procedure 41(b) because the plaintiff failed to comply with the order allowing him to file a second amended complaint.

Disposition

other